Sam Coates, Chief Political Correspondent
Claim your free 2010 double sided wall chart
MPs caught fiddling their expenses could face a year in prison from the autumn after the House of Commons agreed to surrender its right to police itself. Parliament looks likely to approve rules that will see Members who lobby for money or fail to declare how long they spend on work outside Parliament being hauled before a judge.
Gordon Brown promised the Independent Parliamentary Standards Authority (Ipsa) as part of “root and branch” reform of the system and a code of conduct for MPs, who were presented with 93 pages of new rules and regulations. It will be accompanied by three new criminal offences:
— Knowingly making a false claim for an allowance, with a maximum penalty 12 months’ imprisonment. The law could have been used to attempt to prosecute Michael Trend, the former Tory MP for Windsor found guilty of abusing the allowances system and ordered to repay £90,277. It might also have been used to prosecute Derek Conway, the former Tory MP for Old Bexley and Sidcup, who wrongly employed his son;
— Failing to register outside interests, which carries a maximum £5,000 fine. For the first time MPs will have to declare how much they get paid for jobs that have no connection with Parliament and how long they spend on them. This includes, for instance, Sir Menzies Campbell, a barrister, who will have to declare how much time he spends representing clients;
— Taking money to lobby for work outside Parliament. Maximum penalty: £5,000 fine. Most famously, this would have caught Neil Hamilton and Tim Smith, who were given money by the lobbyist Ian Greer to ask parliamentary questions, and other tasks, on behalf of the Egyptian owner of Harrods department store, Mohamed Al Fayed.
Mr Brown told the BBC: “There are indeed criminal offences in this Bill so that if an MP misleads deliberately or if an MP does something like, without reasonable excuse, fails to register a relevant interest, that is a criminal offence and that would then be investigated by the police.”
The wording of many of the rules has generated significant concern among MPs because for the first time it means private conduct will be regulated by the courts. For instance, advocacy that benefits one company becomes illegal. However, if the lobbying benefits more than one company, it is apparently legal.
Conservative backbenchers also complained that ministerial roles were not counted as “second jobs” that require the hours they work to be registered. Harriet Harman, the Leader of the Commons, said that ministerial salaries were already made public and ministers’ diaries could be requested under freedom of information rules.
Some MPs queried whether they could be banned from discussing an individual company if they had accepted so much as a cup of tea from them.
The legislation has won support in principle of the opposition parties, and the Government will push it through Parliament before the summer. It may face a bigger challenge in the House of Lords, which is watching carefully to ensure that it does not create unwelcome precedents for peers.
The Ipsa will consist of a chief executive, five commissioners and an investigator, probably modelled on the Parliamentary Commissioner for Standards, at present John Lyon.
As well as administering payments using staff transferred from the Fees Office, it will be able to force MPs to pay back allowances and set rules without separate parliamentary approval. This may mean that its powers grow over time.
Senior lawyers have pointed out that decisions by the body will be open to challenge in the courts. At present the investigator works for and reports to the Committee on Standards and Privileges, which means that its decisions are protected from legal challenge by parliamentary privilege.
Mr Brown said that the Government was acting now — with Opposition support — to get rid of the old system of self-regulation because past Commons attempts to reform itself had failed. He said: “The mistake of the past was simply to leave everything to the House of Commons to do it on an all-party agreement basis, so that you got the lowest common denominator. That has proven to be wrong. It wasn’t acceptable.”
Last night a middleman who helped to leak details of MPs’ expenses claims said that he was proud of his actions. Henry Gewanter, a US publicity consultant based in Britain and brought in to help to get the data to the media, said that he did not know the whistleblower’s identity, adding: “Nobody involved in this did it for money.”
Follow @theredbox, @dannythefink, @NicoHines and @timespolitics for the latest political tweets
Sam Coates keeps you up-to-date with events from Westminster
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
With rail travel in Europe on the rise, we review the benefits of travelling by train
In this special section we explore new food trends to help improve your dinner party and impress guests
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
1998
£47,955
2004
£56,950
Essex
Check your free Experian credit report before applying
Car Insurance
c. £70,000
The Duke of Edinburgh’s Award
Windsor
£123,460 pa
The Law Commission
London
Southwark County Council
£100,000
Home Office
Liverpool
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Includes flights, accommodation with room upgrades, transfers city tours in Hong Kong and Bangkok.
PremierHolidays.co.uk
For your ultimate tailor-made ski holiday, click here
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
Choose from the beautiful landscape and tranquil beaches of Oahu, Kauai, Maui & Big Island.
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.